How do I restore my child custody parental rights? 9 Answers as of May 12, 2011

My husband and I split up and neither one of us were in the position to take care of our daughters. We agreed to give His aunt and uncle custody. I was told by their lawyer that they no longer gave just guardianship. I am now having trouble getting to see them, and I would really like to get them back in my home what can I do?

Since you don't say precisely how you gave up custody, a complete answer isn't possible. Assuming you did so through some kind of judicial proceedings, the basic requirement is to reopen those proceedings. The decision will be based on what is best for the children, so there are many factors involved; but, as a parent you have very strong presumptive rights. If there have never been any court proceedings, you need to consult a lawyer to look into what the best way of regaining custody would be.

The answer depends on what rights were granted and how they were granted. A Guardianship may require filing a Motion in Court seeking to modify the Court order appointing the Guardian and/or allowing parenting time based on a particular schedule. You should consult with an attorney in your area.

Your course of action depends on what the original arrangement with the aunt and uncle was. If there was a guardianship in place you may be able to terminate the guardianship and seek return of your children. If you signed a release of your parental rights there are methods for setting that aside in limited circumstances.

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